Publications
Congress is now considering several amendments to the Patent Act, enacted in 1952. In my opinion, any patent reform must continue to encourage the full disclosure of each invention through the “best mode” requirement, not accommodate the veiling of parts of the invention in a cloak of secrecy.
Building an attractive patent and technology portfolio for potential licensees requires involvement and diligence by the technology transfer office and the inventors. Steps outlined in this article, such as proper treatment of IP to assure rights are not lost, preventing premature disclosures, assuring proper ownership and inventorship of inventions, and filing priority patent applications that […]
Hanging high above the workstations of software developers at Bleum Inc.’s headquarters in Shanghai is a blue and black lettered-sign that reads “Protect Our Customer.”1 This slogan serves to remind Bleum’s foreign-based team of software engineers of the urgent need to protect the customer’s software code. Along with other preventative measures such as an access-controlled […]
Health policy decisions are often controversial, and the recent determination by the Food and Drug Administration (FDA)not to grant over-the-counter status to the emergency contraceptive Plan B was no exception. Some physicians decried the decision as a troubling clash of science, politics, and morality. Other practitioners, citing safety, heralded the agency ‘s prudence. Public sentiment […]
In a year of obesity lawsuits, mass terminations, allegations of systemwide fraud and criminal conduct, and considerations of legal standing, the theme of 2003’s franchise litigation appeared to be system change-fundamental issues and decisions that affect entire franchise chains.
Several of the nation’s leading investment banks, including Credit Suisse First Boston Corp., Goldman Sachs & Co., Lehman Brothers Inc., Merrill Lynch Inc., Morgan Stanley & Co. Inc., Salomon Smith Barney Inc., and J.P. Morgan Securities Inc., hope to duplicate the recent success of other defendants and avoid antitrust liability for their activities relating to […]
Picture this: you file a patent application relating to “bet the company” technology on behalf of your client. Lo and behold, a first action allowance ensues. You promptly inform the client of the rapid allowance; needless to say, the client is thrilled. A happy scenario!
Introduction Recent federal privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will have a significant impact on how research institutions and hospitals (collectively “research institutions”) use and distribute certain information acquired in the course of conducting a clinical trial. While the HIPAA privacy regulations will not be […]
An employee on an unauthorized leave that started before, but extended beyond, her one- year service anniversary was covered by the Family and Medical Leave Act (FMLA), and her discharge for unapproved absences was unlawful, the 4th U.S. Circuit Court of Appeals has ruled.
The rituals of contemporary civil litigation usually do not culminate in a judge crafting a carefully reasoned opinion after a bench trial or a foreperson announcing the result of a jury’s thoughtful deliberations. The typical last rite is the exchange of releases and a settlement check. Sometimes this happens soon after suit is filed, more […]
Health care providers often face three related, yet distinct, claims in court: medical malpractice, informed consent, and battery. Lawyers and their clients, whether plaintiffs or defendants, must consider the differences among these causes of action at every stage of a case, from complaint to trial.
The reaction of businesses to the vast, cross-cutting challenge of global climate change has spurred the insurance industry to offer an array of new products and services aimed at reducing climate-related losses, facilitating emerging mitigating technologies, and encouraging carbon trading markets. This article focuses on some of these new products, particularly those supporting the nascent […]
Broadly defined, an independent medical examination (IME) is any health assessment conducted by a physician, not otherwise involved in the care or treatment of the patient, at the request of a third party that is not the physician’s general employer. Most commonly, physicians conduct IMEs at the request of employers seeking to determine the health […]
Many arbitration agreements, such as the Commercial Rules of the American Arbitration Association (AAA) or the JAMS Comprehensive Arbitration Rules, explicitly designate the particular rules that will govern any arbitration that arises. The specified rules generally address what information, if any, a potential arbitrator must disclose during the arbitrator selection process.
In U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (1994), the Supreme Court clarified the standards for determining whether a lower court decision should be vacated when a case becomes moot on appeal. Vacatur is generally appropriate when a case becomes moot because “happenstance” or developments unrelated to the litigation, or when […]
Kim Toomey, an associate at Wiggin and Dana, along with co-editors Michael Lockerby, Ronald Coleman and Sara Johnston, provide a summary of the most recent developments in franchise law.
Over the past decade, there has been a growing concern that plaintiffs’ lawyers increasingly filed large, national class actions in certain state court venues perceived to be very favorable to plaintiffs. These locations including Madison County, Illinois; Jefferson County, Texas; and Palm Beach County, Florida have been called everything from “magnet” jurisdictions to “magic” jurisdictions. […]
In 1998, Congress enacted the Digital Millennium Copyright Act, the most sweeping amendment to copyright law since 1976. Proponents of the DMCA argue that its provisions bring copyright law into the twenty-first century, by providing important protections for internet service providers, and by creating necessary safeguards to protect the rights of copyright holders against the […]
This is my last Editor’s note and my last issue as editor-in-chief of Infrastructure have greatly enjoyed my three years as editor. I have had the opportunity to work with exceptionally dedicated Section chairs and a wonderful committee. I owe special thanks to Sue Koz, the Section’s ABA staff director and to Ray DeLong, our […]
One of the selling points of arbitration under the Federal Arbitration Act (FAA) is the relative finality of an award. Arbitration awards may be vacated only under limited circumstances.
Binx Bolling, the protagonist of Walker Percy’s novel The Moviegoer , was every editor-in-chief’s dream audience: “Whenever I feel bad, I go to the library and read controversial periodicals… Down I plunk myself with a liberal weekly at one of the massive tables, read it from cover to cover, nodding to myself whenever the writer […]
In our firstt two columns, we focused on the contributions to the patent profession of Judge Giles Rich and Paul Rose, respectively. As you may recall, they partnered in framing the 1952 Patent Act, working in concert with the PTO’s Pat Federico.
Antitrust practitioners generally consider themselves well-versed in key antitrust principles, cases, and developments. They freely allude to “Colgate” and “GTE Sylvania” — meaning something other than toothpaste and televisions — in their everyday conversation. To remain at the top of their trade, they make an effort to stay current on the evolution of antitrust doctrines […]
Alyssa B. Moss , an associate at Wiggin and Dana, gave a presentation to the Health Care department on the status of regulatory changes to the Medicare Program.
Depending upon which party to an employment dispute that you are representing, the tax consequences of a settlement payment are quite different. Therefore, a well-prepared attorney will be familiar not only with the tax consequences of a settlement payment to his or her client, but also the tax consequences of the same settlement payment to […]
n our last column, we considered Past President Giles Rich’s role as part of a two-person drafting team that the Patent Act of 1952. The other person on that team was a gentleman named Paul A. Rose. Mr. Rose passed away on October 29, 2004 at the ripe old age of ninety-seven.
The Hartford Courant recently reported that complaints regarding child abuse by Antonio Lasaga had been made to officials at the Hamden YMCA, but that YMCA officials failed to take any further action. Lasaga is the Yale professor awaiting sentencing on child pornography charges and awaiting trial on sexual assault charges. In the wake of this […]
The basic ingredients of a healthy franchise relationship are no mystery. Keep the lines of communication open. Manage expectations. Show respect. Provide the essential tools for staying in touch, including a useful and informative Web site, a newsletter that’s worth reading, a fun and educational annual convention, and a proactive team of field representatives. No […]
The arrival of modern technology has created unique privacy concerns for many Americans. The ability of employers and the government to use electronic means to monitor numerous aspects of employees’ jobs, especially on computer terminals, electronic mail and telephones poses unique problems. Much of this monitoring is unregulated. Some federal and state laws do provide […]
Copyright (c)2000 American Bar Association. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. During the 1990s, many prominent franchisors have […]